Srinivas (.) 07 September 2014

Legal notice-sec 420 & 406

Hi All, I have deposited money some purpose in ‘Joint account ( A and B account) . but purpose is not full filled and ‘A’ is my Uncle and ‘B’ is Other party relative. Issue is in Lokadalat. But other not attending lokadalat court hearing. When I check with ‘B’ he is not picking calls and not cooperating resolve the issue and not cooperating to with draw money. A is ready to give money. Now issue is in Lokadalat

Is this right time to file case 420 & 406 on him when issue is in lokadalat? or u want me send legal notice first to ‘B’? or U want me wait some time? Please advise.Thanks…..

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3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 September 2014

Please go the the police station and lodge a FIR under the following section against all for them.

Please don't hesitate on this as these all are cognizable, non-bailable and Triable by magistrate of 1st class except 506 IPC and 34 IPC.

If police does not take the FIR then appeal to SP. If SP also does not take then file Writ Petition (Article 226) in High Court.

- - - - This is first choice since State is also a complainant with you.

The second choice is - go for private complain. (This is expensive and state will not be a complainant with you)

120 IPC Concealing design to commit offence punishable with imprisonment.

120A IPC Definition of criminal conspiracy

383 IPC read with 384 IPC. Extortion.

405 IPC read with 406 IPC Criminal Breach of Trust.

506 IPC. Ciminal Intimidation.

34 IPC. Common Intention of Crime.

Please read each of my posts carefully in the following links.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

T. Kalaiselvan, Advocate (Advocate) 11 September 2014

It is better you wait for the outcome of the pending case before the Lok adalat, in case you are not satisfied with the functioning of lok adalat in your case, you may withdraw the same and go for the case in the regular court.